Construction, Forestry, Mining and Energy Union

[2013] FWCA 3531

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/1317)

E-MASONRY CONTRACTING (NSW) PTY LTD/CFMEU COLLECTIVE AGREEMENT 2013-2015

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 5 JUNE 2013

Application for approval of the E-Masonry Contracting (NSW) Pty Ltd / CFMEU Collective Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the E-Masonry Contracting (NSW) Pty Ltd/CFMEU Collective 2013-2015 (the Agreement). The application was made by the Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 12 June 2013. The nominal expiry date of the Agreement is 31 March 2015.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for the approval of a collective agreement between E-Masonry Contracting (NSW) Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The matter was heard in the Fair Work Commission of Australia. The CFMEU sought approval for a collective agreement that would govern the employment terms and conditions of workers employed by E-Masonry Contracting for the period from 2013 to 2015. The central issue before the Commission was whether the collective agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the provisions concerning good faith bargaining and the avoidance of industrial action.

The Commission considered whether the agreement had been made in good faith, whether it met the minimum standards prescribed by the Act, and if the agreement contained provisions that would facilitate the avoidance of industrial action. The Commission also examined if the agreement adequately addressed the interests of both parties and ensured that the terms were fair and reasonable. The CFMEU argued that the agreement was a result of good faith negotiations and met all legislative requirements, while E-Masonry Contracting contested certain aspects of the agreement, arguing they were not in the best interest of the company.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement had been made in good faith and met the minimum standards required by the Act. The Commission concluded that the agreement contained provisions that would facilitate the avoidance of industrial action and that the terms of the agreement were fair and reasonable. The Commission approved the collective agreement, noting that it adequately addressed the interests of both the employer and the union. The decision was based on the evidence presented and the Commission's assessment of the agreement's compliance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established